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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I was suspended from my job September 1st 2013 for touching

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I was suspended from my job September 1st 2013 for touching my phone and not stocking 2 items. My manager came to me with the suspension paper told me to read and sign it which I did. When I asked her how long my suspension was she told me until further notice. I have tried three times to find out what's going on and I never get an answer. Can they suspend me without telling me how long. It is going on 2 weeks now and I have a 2 year old child to support

Hi, my name is XXXXX XXXXX I will be glad to help in any way I can,


I am sorry to hear about the difficult situation at your job. What do you mean that you got suspended for "touching your phone"?




Customer: replied 3 years ago.

I apologize I ment to say I was using my phone while the store was slow

Thank you for your reply, Melani,


I apologize for he questions, but that is the only way I can give you an accurate Answer according to your situation,



1. Does the employer have a written policy for lengths of suspensions ?


2. Do you have a formal written Employment Agreement with your employer ?




Customer: replied 3 years ago.

unfortunately I don't know what the policy is for suspensions. I looked it up on the website and it says pending investigation but only on certain offenses which non contain what I was suspended for. But it also says for Mrg which I don't know what that is. I can send you the link if you need me to

Thank you for your reply, Melani,


I do not think I will need the link.


You asked,


"Can they suspend me without telling me how long"




If the employer has a certain period of time for suspensions for specific "transgressions", then the employer would have an obligation to adhere to those guidelines. If they have a suspension policy, which apparently they do, then you should call your supervisor and ask because you are entitled to know. Florida is an "At Will" employment State which means that the employee can leave the employment relationship at any time without any liability to the employer and the employer can similarly terminate the employee at any time for any reason, or no reason without any liability to the employee. At this stage, they have left you in "limbo" because you do not know the length of the suspension, nor do you know if they will call you back to work and this is just not fair and its not right. Okay, so you used your phone; couldn't your boss just say not to do it again. They seem to be making a big deal over something very minor, but it is taking its toll out on you because you have a young child, you have bills to pay, and everything ellse that goes along with being a mother.


This might sound harsh, but unless you are really crazy about this job, it would be a good idea to look around and see what is available since you are not working right now anyway. I am a firm believer that one should never put all their eggs in one basket, it's always good to have a backup plan, something to fall back on. And, since it does not appear that the employer has any formal suspension policy in place, they can keep you in the dark for as long as they want without any liability to you.



I wish I could give you the Answer you want to hear, and it would have given me
great pleasure to do so, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,


Please be kind enough to give a rating of "Excellent Service" because that is the only way that I will receive credit for my time and effort in researching your question and furnishing you with Answers. It will not cost you anything additional to leave a positive rating,





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